Brinkley v. Freedom National Bank of New York

OWEN, Judge.

A summary final judgment was entered in a replevin action, by virtue of which appellee was adjudged to be entitled to possession of a certain motor vehicle and to recover of and from the appellants and the surety on the forthcoming bond the value thereof. On the basis of the record as it existed at the time of the entry of the summary final judgment, it appears that appellee as the moving party has not met the Holl1 standards and accordingly we hold that the trial court was in error in entering the summary final judgment.

Appellee alleged and established by affidavit the following…